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(영문) 부산지방법원 서부지원 2017.07.20 2017고합32
특정범죄가중처벌등에관한법률위반(산림)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. From around October 2010 to around December 2013, the Defendant cut down the forest of 8,490 square meters in total, including D, E, F, G forest, etc. owned by another person, using d, E, F, and G forest, which are owned by the Defendant, and 27,184,660 square meters in total, as well as 1,337 square meters in total, from the place of origin price of 27,184,660 won without permission of the competent administrative agency.

Accordingly, the defendant cut standing timber without permission from the competent authorities.

2. The Defendant violated the Management of Mountainous Districts Act: (a) performed a stop work using a digging machine, etc. on the 5,941 square meters of the 8,490 square meters of the 5,000 square meters of the 8,490 square meters of the 7,00 square meters of the 8,000 square meters of the 8

As a result, the defendant converted a mountainous district to a quasi-preserved mountainous district without permission from the competent authorities.

Summary of Evidence

1. Statement by the defendant in court;

1. Records of damaged trees, lists of standard amount of market price in year 2017, records of farmland sources, and output of land use regulation information services;

1. Application of the statutes governing damaged forests and photographs;

1. Article 9 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 74 (1) 3 of the Creation and Management of Forest Resources Act, Article 36 (1) of the Creation and Management of Forest Resources Act (unauthorized felling of standing timber) and the latter part of Article 53 of the Management of Mountainous Districts Act and the main sentence of Article 14 (1) of the Management of Mountainous Districts Act (unauthorized diversion of mountainous districts and selection of imprisonment with labor);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the punishment is aggregated with the long-term punishment of the above two crimes) of the same Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances considered in favor of the reasons for sentencing);

1. Article 62 (1) of the Criminal Act (wholly considering the favorable circumstances) of the suspended execution;

1. The defendant, without permission, fells out of the grounds for sentencing under Article 75(2) and the main sentence of Article 75(1) of the Creation and Management of Additional Forest Resources Act.

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